A Request for Evidence (RFE) is a written request letter usually sent by USCIS because the Immigration Officer reviewing your case is not sure whether or not your petition should be approved and needs more evidence to make that determination. An RFE should be read and responded to carefully since it is an opportunity to improve your case.
Unlike an RFE, a Notice of Intent to Deny (NOID) is a notice and indication that the case is being considered for denial. The NOID is sent by USCIS because the Immigration Officer reviewing your case does not believe that the petition should be approved. The NOID letter should list the reasons why USCIS intends to deny the case and it provides you with an opportunity to overcome those reasons with additional supporting evidence. Your response to the NOID is likely your best and last chance to convince the USCIS Adjudicator of your eligibility for the relief you applied for.
It is essential to respond to any of these requests ON TIME and in a satisfactory manner. If you do not respond at all or your response is deficient, then your petition will likely be rejected or denied.
The help of an Immigration Attorney can make a significant difference in the resolution of your case. One of Signature’s experienced and independent Immigration Attorneys will assist you to deal with this unexpected obstacle by helping you to prepare a neatly organized and detailed response to the government.
The Attorney will:
- Respond to each issue raised by USCIS;
- Make sure that the explanations are clear and concise;
- Argue and correct any and all misstatements of laws, regulations or standards of review;
- Review any previous submissions as well as determine additional evidence necessary and relevant to address the issues raised in the RFE before inclusion in the response.